Today is the beginning of a new era of justice for survivors of sexual assault in N.J., coalition says

Posted Dec 01, 2019

Lara Fortney-Colello is embraced after testimony before the New Jersey Senate Judiciary Committee hearing on legislation that would expand the statute of limitations allowing victims of sex assault to sue institutions. The hearing was at the NJ Statehouse in Trenton, N.J. Thursday, March, 7, 2019 (Ed Murray | NJ Advance Media for NJ.com)Ed Murray | NJ Advance Media for

In the two years since #MeToo went viral, the common refrain has been: “Survivors and victims of sexual violence should come forward and report what’s happened to them.”

As the leaders of the New Jersey Coalition Against Sexual Assault, we of course agree with this sentiment. But that statement assumes a level playing field for survivors, when the truth is that our justice system is too often not very just.

But in those two years, we’ve been able to make incredible strides toward creating systems that serve survivors more holistically. One of the most important changes we’ve made goes into effect today, Sunday, December 1, as the expansion of our state’s civil statute of limitations for sexual assault takes effect. Expanded access and pathways to justice is one of the most important things we work for at the Coalition. Today, that pathway to justice gets a little more open and a little more fair for everyone.

Starting today, victims who experience sexual assault have seven years to file civil claims against the person who harmed them or the institution that harbored them. Notably, adult survivors of child sexual abuse have until age 55 or seven years – whichever is later. This is a huge expansion from the Garden State’s previous civil statute, which only afforded survivors two years regardless of when the victimization occurred.

Another important aspect of the new legislation is that it opens a two-year window – starting today and running until Nov. 30, 2021 – which means that survivors who were previously barred under the more limited statute now have the opportunity to pursue their civil case. It recognizes that New Jersey unfairly let the clock run out for too many survivors, and works to right the scales of justice.

This is especially of note in New Jersey, which is home to 1.8 million survivors of contact sexual violence, according to national data. In September 2018, Attorney General Gurbir Grewal announced the creation of a task force to investigate sexual abuse by members of the Catholic clergy in New Jersey, following the publication of a grand jury report in Pennsylvania detailing more than 1,000 victims of sexual abuse at the hands of Catholic clergy members. Recent reporting indicates that the Boy Scouts of America, which was headquartered in New Jersey from 1948 to 1978, had knowledge of over 5,000 Scout leaders who have been sexually abusive to Scouts.

Throughout my years doing this work, the one consistent truth is that no two victims are going to want the exact same thing when it comes to pursuing justice in the aftermath of an assault. Sexual violence has lifelong emotional, physical, psychological, and financial impacts. The act of rape can cost a survivor between $87,000 and $240,776 – that includes medical costs for physical and mental injuries, lost tuition payments or defaulting on student loans, lost productivity and wages, among others. Trauma has a cost – and the civil justice system allows us to shift that cost burden from the survivor to the person or entity that caused them harm.

To put it simply, if we are not pairing encouraging survivors to come forward with creating systems that are actually responsive to their needs, we are doing so in bad faith. Today, the Garden State takes a huge step forward in righting an unfair and outdated system and moves toward a world where we can, in good faith, encourage survivors to pursue justice in the way that best meets their needs.

Help is available at New Jersey’s statewide sexual violence hotline: 1-800-601-7200.